Podhorecki v. Lauer's Furniture Stores, Inc.
Opinion of the Court
Order and judgment unanimously modified on the law and as modified affirmed with costs to plaintiffs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: We affirm that portion of the order and judgment awarding $10,145 to plaintiffs pursuant to General Business Law § 396-u (7) for attorney’s fees incurred for pretrial and trial work. Defendant did not factually dispute the number of hours and hourly rate that plaintiffs maintained to be reasonable for such litigation. Defendant did not request a hearing and, in the absence of a factual dispute concerning calculation of the lodestar fee or adjustments to that fee, Supreme Court did not err in determining the fee award based upon the affidavits and documents submitted by plaintiffs without conducting a hearing (see, Blum v Stenson, 465 US 886, 892, n 5; Blum v Witco Chem. Corp., 829 F2d 367).
Supreme Court erred, however, in denying the remainder of plaintiffs’ fee application, which related to the entirety of plaintiffs’ posttrial litigation of the fee award, including the prior appeal. Plaintiffs’ statutory entitlement to a reasonable attorney’s fee includes a fee for services performed on the fee application itself (see, Podhorecki v Lauer’s Furniture Stores, 184 AD2d 1066, 1067, lv dismissed 81 NY2d 783) and on appeal, even where the sole issue on appeal is the propriety of the fee award (see, Miller v Marra Bros. Motor Co., 185 AD2d 663, 664, lv dismissed 80 NY2d 972; Perkins v Town of Huntington, 117 AD2d 726, 727). Supreme Court improperly denied plaintiffs’ application for a fee award for posttrial services upon the ground that it could not, "in good conscience”. award a fee three times the amount at issue in the
Thus, we remit this matter for a hearing on the issue of reasonable attorney’s fees for all posttrial legal work, including this appeal. (Appeals from Order and Judgment of Supreme Court, Monroe County, Curran, J. — Attorney’s Fees.) Present — Denman, P. J., Green, Balio, Lawton and Boehm, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.